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GRANTHAM v. GENERAL TELEPHONE CO. OF MIDWEST

No. 38969.

213 N.W.2d 439 (1973)

191 Neb. 21

Charles E. GRANTHAM and Theora Grantham, husband and wife, Appellants, v. GENERAL TELEPHONE COMPANY OF the MIDWEST, a Corporation, et al., Appellees.

Supreme Court of Nebraska.

December 21, 1973.

Attorney(s) appearing for the Case

Ginsburg, Rosenberg, Ginsburg & Krivosha, Lincoln, for appellants.

Ross & Schroeder, Kearney, Luebs, Tracy, Huebner, Dowding & Beltzer, Grand Island, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, Mc-COWN, NEWTON and CLINTON, JJ.

SMITH, Justice.

Charles E. Grantham and wife sought recovery for negligent damage to their service station from construction of a building on adjacent property owned by defendant General Telephone Company of the Midwest. Prior to the beginning of the work the parties had agreed that the architect would appraise damage to the Grantham property from the project. On remand in Grantham v. General Telephone Co., 187 Neb. 647,

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